Holton v. Ford ( 2023 )

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION NORMAN T. HOLTON, Plaintiff, -vs- Case No. 8:23-cv-2132-CEH-AEP TORRE FORD, et al., Defendants. _______________________/ ORDER This matter is before the Court upon a sua sponte review of the file. On September 21, 2023, Plaintiff, a Florida pre-trial detainee, filed a civil rights violation complaint (Doc. 1) in which he alleges Defendants used excessive force against him. Plaintiff, however, filed a complaint in this Court on August 9, 2023, in which he alleged the same claim against the same Defendants. See Holton v. Ford, et al., Case No. 8:23-cv-1791-CEH-SPF.1 Plaintiff may not simultaneously litigate duplicative actions in two separate cases in this Court. Therefore, because Plaintiff first filed his complaint in Case No. 8:23-cv-1791-CEH-SPF, the complaint in this case will be dismissed. See Curtis v. Citibank, N.A., 226 F.3d 133, 138-39 (2d Cir. 2000) (where actions are identical “simple dismissal of the second suit is [a] common disposition because plaintiffs have no right 1 The Court is currently screening both the complaint and Plaintiff’s motion to proceed in forma pauperis. to maintain two actions on the same subject in the same court, against the same defendant at the same time”). Accordingly, this case is DISMISSED without prejudice to Plaintiff pursing his claims in Case No. 8:23-cv-1791-CEH-SPF. The Clerk is directed to close this case. ORDERED in Tampa, Florida, on September 25, 2023. \ ia aada Ma PL at el 0. Charlene Edwards Honeywell United States District Judge Copy to: Plaintiff pro se